The Wood Bull Guides

Section 47 [Power of Minister re Zoning and Subdivision Control]

Subsections amended and added by Bill 139 are marked below with (*).

Bill 139 made changes to the process for amending or revoking Minister’s orders regarding zoning and subdivision control:

Discretionary referral to Tribunal: Bill 139 removed the mandatory referral, on the request of a public person or body, of Minister's orders to the Ontario Municipal Board (Tribunal). Post-Bill 139, the Minister may refer the matter to the Tribunal for a hearing and the Minister’s decision to do so is discretionary.

Tribunal recommendations to the Minister: Pre-Bill 139, at the conclusion of the hearing, the Ontario Municipal Board made a decision and the Minister was required to give effect to the decision of the Ontario Municipal Board (with a limited exception). Post-Bill 139, at the conclusion of the hearing, the Tribunal provides the Minister with a written recommendation. After consideration of any submissions received on the application and the Tribunal’s recommendations, the Minister makes a decision.

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47(15) DECISION TO AMEND OR REVOKE (*)

47(15) After considering representations received under subsection (9), if any, and the recommendation of the Tribunal under subsection (13), if there is one, the Minister may, by order, amend or revoke in whole or in part the order made under subsection (1). 2017, c. 23, Sched. 3, s. 15 (3).

Legislative History

This subsection was introduced by Bill 139.

Wood Bull Commentary

This provision reflects the Bill 139 amendments that provide that the Minister makes the final decision to amend or revoke an order, after considering representations received regarding the proposed amendment or revocation, and after considering the Tribunal's recommendations. (see Commentary for s.47(13)).

47(16) NOTICE OF DECISION (*)

47(16) The Minister shall forward a copy of his or her decision to amend or revoke in whole or in part the order to the clerk of each municipality or secretary-treasurer of each planning board which is within the area covered by the amendment and any person who in writing requests a copy of the decision. 2017, c. 23, Sched. 3, s. 15 (3).

Legislative History

This subsection was introduced by Bill 139.

47(17) REPEALED

47(17) Repealed: 1994, c. 23, s. 27 (8).

47(18) EFFECT OF LAND USE ORDER

47(18) An order of the Minister made under clause (1) (b) has the same effect as a by-law passed under subsection 50 (4). R.S.O. 1990, c. P.13, s. 47 (18).

47(19) DEEMED BY-LAW

47(19) The Minister may, in the order or by separate order, provide that all or part of an order made under clause (1) (a) and any amendments to it in respect of land in the planning area of a planning board shall be deemed to be and to always have been a by-law passed under section 34 by the planning board in which the land is situate. 2001, c. 9, Sched. J, s. 2 (2).

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